While browsing my daily trademark news and digesting some recent chocolate-related trademark litigation, to be discussed below, I happened upon some interesting discussions and histories of slogans for candy, including in particular, the MARS® chocolate bar.

Back in 1960, Mars Inc. debuted its slogan for the MARS® chocolate bar: “A Mars a Day, Helps You

–Susan Perera, Attorney

Christmas came and went, and here in Minnesota it was a bit brown and depressing looking outside. If only it would snow…


However, if you listen carefully you might hear it… no, it’s not the reindeer, but maybe some “listen for” advertising?

This holiday season I’ve seen a few too many Lexus commercials that sound to me like “listen for” advertising for a possible sound mark.  At least four variations of this commercial came out this holiday season.

On multiple occasions we have discussed “look for” advertising as a means for creating a connection between your non-traditional trademark and a particular good or service, and these ads seem to be a modification of that idea.

Even LexusVehicles, who uploaded this video to YouTube wrote: “when you hear that song, you know it’s time for the Lexus December to Remember.”   I haven’t located any federal applications for a sound mark by Lexus, but we’ll see what the new year brings.

View some of the other versions after the jump.Continue Reading Can you hear it?

— Karen Brennan, Attorney

Well, even though the Vikings didn’t make it, I am still looking forward to the Super Bowl – for the commercials.  I am sure I am not alone in my excitement.  In fact, there are numerous Web sites dedicated to the best Super Bowl commercials, such as this one which chronicles